Circular No. 05/2023/TT-BKHCN detailing certain contents on attracting, utilizing, and valuing individuals engaged in science and technology activities.

CIRCULAR

Detailed provisions on attracting, utilizing, and valuing individuals engaged in science and technology activities
individual engaged in science and technology activities

Pursuant to the Law on Science and Technology dated June 18, 2013;

Pursuant to Decree No. 40/2014/NĐ-CP dated May 12, 2014 of the Government stipulating the utilization and valuing of individuals engaged in science and technology activities;

Pursuant to Decree No. 27/2020/NĐ-CP dated March 1, 2020 of the Government amending and supplementing certain articles of Decree No. 40/2014/NĐ-CP dated May 12, 2014 of the Government stipulating the utilization and valuing of individuals engaged in science and technology activities and Decree No. 87/2014/NĐ-CP dated September 22, 2014 of the Government stipulating the attraction of individuals engaged in science and technology activities who are overseas Vietnamese and foreign experts participating in science and technology activities in Vietnam;

Pursuant to Decree No.95/2017/NĐ-CPdated August 16, 2017 of the Government stipulating the functions, tasks, powers, and organizational structure of the Ministry of Science and Technology;

At the proposal of the Director of the Personnel Department and the Director of the Legal Department;

The Minister of Science and Technology promulgates this Circular detailing certain contents regarding attracting, utilizing, and valuing individuals engaged in science and technology activities.

PART I
GENERAL PROVISIONS

Article 1. Scope of Regulation

This Circular details certain contents of Decree No. 40/2014/NĐ-CP dated May 12, 2014 of the Government stipulating the utilization and valuing of individuals engaged in science and technology activities, amended and supplemented by Decree No. 27/2020/NĐ-CP dated March 1, 2020 of the Government (hereinafter referred to as Decree No. 40/2014/NĐ-CP), including:

1. Scientific and technological achievements, methods for converting points to assess eligibility for appointment as civil servants and promotion to scientific research positions and technological positions; Examination Boards for assessing eligibility for appointment as civil servants and promotion to scientific research positions and technological positions;

2. Scientific and technological achievements, methods for converting points to assess special promotions to higher scientific research positions and technological positions without examination and without regard to years of service; Examination Boards for assessing special promotions to higher scientific research positions and technological positions without examination and without regard to years of service;

3. Proposals for developing scientific fields; composition, tasks, and principles of operation of Examination Boards in the selection process for leading scientists and the cessation of valuing policies and repayment of funds for leading scientists;

Article 2. Applicability

This Circular applies to individuals engaged in science and technology activities in Vietnam, state agencies, and related organizations and individuals.

Article 3. Scientific and technological achievements, methods for converting points of scientific and technological achievements to apply valuing policies

1. Scientific and technological achievements for applying valuing policies include:

a) Scientific articles published in reputable international or domestic scientific journals or specialized books or textbooks published in accordance with the law.

Reputable international scientific journals are determined according to Clause 1, Article 1a of the Joint Circular No. 24/2014/TTLT-BKHCN-BNV dated October 1, 2014 of the Ministers of the Ministry of Science and Technology and the Ministry of Home Affairs stipulating job titles and standards for career positions of civil servants in the field of science and technology, amended and supplemented by Circular No. 01/2020/TT-BKHCN dated January 20, 2020 of the Minister of Science and Technology and Circular No. 14/2022/TT-BKHCN dated October 11, 2022 of the Minister of Science and Technology (hereinafter referred to as Joint Circular No. 24/2014/TTLT-BKHCN-BNV). Reputable ISI journals, reputable domestic scientific journals, scientific articles, specialized books, and textbooks are implemented according to Clauses 2, 3, 4, 5, and Clause 6, Article 1a of Joint Circular No. 24/2014/TTLT-BKHCN-BNV;

b) Science and technology awards including: Domestic prestigious awards, international science and technology awards.

Prestigious domestic science and technology awards are those stipulated in Decree No. 78/2014/NĐ-CP dated July 30, 2014 of the Government on the Ho Chi Minh Award, State Awards, and other science and technology awards, amended and supplemented by Decree No. 60/2019/NĐ-CP dated July 5, 2019 of the Government and implemented according to the List issued by the Minister of Science and Technology, including: Ho Chi Minh Award and State Award for Science and Technology; awards of Ministries, agencies at the level of ministries, government agencies, and other central state agencies, provincial People's Committees, and municipal People's Committees directly under the Central Government on science and technology (hereinafter referred to as awards of ministries, sectors, and localities on science and technology); Vietnam Creativity in Science and Technology Award; Kovalevskaia Award and other prestigious domestic science and technology awards.

International science and technology awards for applying valuing policies are implemented according to the List issued by the Minister of Science and Technology;

c) Inventions or utility models or plant varieties that have been granted protection certificates;

d) Scientific and technological tasks that have been accepted at a satisfactory level or above.

Scientific and technological tasks are defined according to Decree No. 08/2014/NĐ-CP dated January 27, 2014 of the Government detailing and guiding the implementation of certain articles of the Law on Science and Technology (hereinafter referred to as Decree No. 08/2014/NĐ-CP);

e) Technical projects or works or designs within the technical field are projects or works or designs for developing, applying, implementing technology or other tasks within the scope of engineering and economic-engineering fields undertaken by individuals, classified according to types and levels (groups) as prescribed by specialized laws.

2. Points converted from scientific and technological achievements are determined according to Clause 2, Article 3a of Joint Circular No. 24/2014/TTLT-BKHCN-BNV.

2. The conversion points for scientific and technological achievements shall be determined in accordance with the provisions of Clause 2, Article 3a of Circular Joint Circular No. 24/2014/TTLT-BKHCN-BNV.

Scientific and technological achievements are awards from ministries, sectors, and localities for scientific and technological activities, which are converted to 1.5 points; in case of the Tạ Quang Bửu Award, the Trần Đại Nghĩa Award, or the Kovalevskaia Award, they are converted to 2.5 points; the State Award for Science and Technology is converted to 3.5 points; the Hồ Chí Minh Prize is converted to 4 points. The conversion points for the Vietnam Scientific and Technological Creativity Award, other reputable domestic awards for scientific and technological activities, and international awards for scientific and technological activities shall be determined according to the List issued by the Minister of Science and Technology as stipulated in point b, Clause 1 of this Article.

Chapter II
REGULATIONS ON SCIENTIFIC AND TECHNOLOGICAL ACHIEVEMENTS, REVIEW BOARD, EXAMINATION, AND DETERMINATION OF PERSONS TO BE ACCEPTED INTO PUBLIC SERVICE POSITIONS AND APPOINTED TO RESEARCH SCIENTIST TITLES AND TECHNOLOGY TITLES

Article 4. Scientific and technological achievements for considering acceptance into public service positions and appointment to research scientist titles

1. Consider acceptance into public service positions and appointment to the title of Assistant Researcher (Grade IV) or Researcher (Grade III) if the individual meets the corresponding position criteria specified in Joint Circular No. 24/2014/TTLT-BKHCN-BNV (excluding the criteria on time spent at the grade level and the training certificate criteria based on the occupational position standards), and within the last three years up to the deadline for submitting application files, the individual achieves at least 0.5 points of converted scientific and technological achievements.

2. Consider acceptance into public service positions and appointment to the title of Senior Researcher (Grade II) if the individual meets the Senior Researcher (Grade II) position criteria specified in Joint Circular No. 24/2014/TTLT-BKHCN-BNV (excluding the criteria on time spent at the grade level and the training certificate criteria based on the occupational position standards), and up to the deadline for submitting application files, the individual achieves the following achievements:

Achieve at least 9 points of converted scientific and technological achievements, including at least 3 points converted from implementing scientific and technological tasks at the provincial level or higher, or publishing monographs, or publishing articles in reputable international journals; have at least 1 point of converted scientific and technological achievements implemented in the last two years up to the deadline for submitting application files.

3. Consider acceptance into public service positions and appointment to the title of Senior Researcher (Grade I) if the individual meets the Senior Researcher (Grade I) position criteria specified in Joint Circular No. 24/2014/TTLT-BKHCN-BNV (excluding the criteria on time spent at the grade level and the training certificate criteria based on the occupational position standards), and up to the deadline for submitting application files, the individual achieves the following achievements:

Achieve at least 15 points of converted scientific and technological achievements, including at least 9 points converted from implementing scientific and technological tasks at the ministry level or provincial level or higher, or publishing monographs, or publishing articles in reputable international journals; have at least 2 points of converted scientific and technological achievements implemented in the last two years up to the deadline for submitting application files.

Article 5. Scientific and technological achievements for considering acceptance as a civil servant and appointment to technical positions

1. Consider acceptance as a civil servant and appointment to the title of Technical Officer (Class IV) or Engineer (Class III) if the individual meets the corresponding position criteria specified in Joint Circular No. 24/2014/TTLT-BKHCN-BNV (excluding the tenure time standard and the training certificate standard according to the profession criteria) and within the last three years up to the deadline for submitting the application for examination, the individual achieves at least 0.5 points converted from scientific and technological achievements.

2. Consider acceptance as a civil servant and appointment to the title of Senior Engineer (Class II) if the individual meets the Senior Engineer (Class II) position criteria specified in Joint Circular No. 24/2014/TTLT-BKHCN-BNV (excluding the tenure time standard and the training certificate standard according to the profession criteria) and up to the deadline for submitting the application for examination, the individual achieves the following achievements:

Achieve at least 6 points converted from scientific and technological achievements, including at least 3 points converted from leading or participating in scientific and technological tasks from the grassroots level or projects or works or designs from Class III upwards in the engineering field or being the author of an invention patent or utility model patent that has been put into practical use, or a published scientific article; achieve at least 1 point converted from scientific and technological achievements carried out in the last two years up to the deadline for submitting the application for examination.

3. Consider acceptance as a civil servant and appointment to the title of Senior Engineer (Class I) if the individual meets the Senior Engineer (Class I) position criteria specified in Joint Circular No. 24/2014/TTLT-BKHCN-BNV (excluding the tenure time standard and the training certificate standard according to the profession criteria) and up to the deadline for submitting the application for examination, the individual achieves the following achievements:

Achieve at least 12 points converted from scientific and technological achievements, including at least 6 points converted from leading or participating in scientific and technological tasks at the ministry level or above or leading projects or works or designs from Class II upwards in the engineering field or being the author of an invention patent or utility model patent that has been put into practical use, or a published scientific article; achieve at least 1 point converted from scientific and technological achievements carried out in the last two years up to the deadline for submitting the application for examination.

Article 6. Examination Board inspection and examination

1. The examination board consists of 5 or 7 members. The composition of the examination board is implemented in accordance with Clause 1, Clause 2, and Clause 4 of Article 8 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on recruitment, use, and management of civil servants.

2. Duties and powers of the Examination Board:

a) Examine the criteria, scientific and technological achievements, and convert points from scientific and technological achievements as stipulated in Articles 4 and 5 of this Circular for individuals applying for consideration for acceptance as a civil servant corresponding to the job position to be recruited.

b) Interview about general knowledge and professional competence of individuals applying for consideration for acceptance as a civil servant related to the job position to be recruited.

c) Resolve complaints and denunciations during the organization of the acceptance process for civil servants and the appointment to research scientist positions and technical positions.

3. The Examination Board operates when at least 2/3 of the total number of members are present, deciding by majority vote; in case of a tie, the decision is made according to the voting opinion of the Chairman of the Board.

4. The Examination Board dissolves itself after completing its tasks.

Article 7. Calculation of Points for Consideration in Accepting into Civil Servant Status

1. The points converted from individual scientific and technological achievements proposed for consideration in accepting into civil servant status shall be determined according to the provisions set forth in Clause 2, Article 3 of this Circular.

2. The interview board will evaluate "Pass" or "Fail" regarding the general knowledge level and professional competence of individuals proposed for consideration in accepting into civil servant status.

Article 8. Determination of Successful Candidates

1. Successful candidates must meet the following conditions:

a) Meeting the standards and scientific and technological achievements as prescribed in Articles 4 and 5 of this Circular;

b) Having a "Pass" result in the interview regarding general knowledge level and professional competence;

c) Having higher points converted from scientific and technological achievements than those taken in descending order until the recruitment quota for each position is filled.

2. In cases where two or more individuals have the same points converted from scientific and technological achievements at the last recruitment quota, priority in recruiting civil servants shall be implemented according to the provisions set forth in Article 6 of Decree No. 115/2020/NĐ-CP dated September 25, 2020 of the Government on Recruitment, Employment, and Management of Civil Servants.

3. If it is still not possible to determine successful candidates based on the priority order stipulated in Clause 2 of this Article, the head of the authority with the right to recruit civil servants shall decide on the successful candidates.

4. Results of the recruitment examination shall not be carried over to subsequent recruitment examinations.

Chapter III
PROVISIONS ON SCIENTIFIC AND TECHNOLOGICAL ACHIEVEMENTS, INTERVIEW BOARD FOR SPECIAL APPOINTMENT TO RESEARCHER POSITIONS AND HIGHER TECHNICAL POSITIONS WITHOUT RANKING EXAMINATIONS, NOT DEPENDING ON YEARS OF SERVICE

Article 9. Scientific and Technological Achievements for Special Appointment to Researcher Positions and Higher Technical Positions Without Ranking Examinations, Not Depending on Years of Service

1. Individuals meeting the criteria for the Researcher (Class III) or Engineer (Class III) positions as prescribed in Joint Circular No. 24/2014/TTLT-BKHCN-BNV may be specially appointed to the Researcher (Class III) or Engineer (Class III) positions without ranking examinations, not depending on years of service if they achieve one of the following scientific and technological achievements:

a) Being the author or a member of the author group of a scientific research project that has won the Ho Chi Minh Prize, State Prize for Science and Technology, ministry-level, provincial-level science and technology awards, Vietnam Creativity in Science and Technology Award, Kovalevskaia Award, international awards, or other reputable domestic awards in science and technology as listed by the Minister of Science and Technology;

b) Being a participant in implementing special scientific and technological tasks or important national-level scientific and technological tasks as stipulated in Article 25 and Article 30 of Decree No. 08/2014/NĐ-CP, which have been accepted at a satisfactory level or above, or being the leader of a ministry-level or provincial-level scientific and technological task that has been applied with high economic and social benefits.

The assessment of the applicability and effectiveness of completed scientific and technological tasks as the basis for applying policies prescribed in this Circular shall be conducted through reviewing information about application addresses and evidence proving the effectiveness of applications.

2. Individuals meeting the criteria for the Senior Researcher (Class II) or Senior Engineer (Class II) positions as prescribed in Joint Circular No. 24/2014/TTLT-BKHCN-BNV may be specially appointed to the Senior Researcher (Class II) or Senior Engineer (Class II) positions without ranking examinations, not depending on years of service if they achieve one of the following scientific and technological achievements:

a) Meeting the scientific and technological achievements as prescribed in Clause 1 of this Article;

b) Being awarded a Doctorate or Doctor of Science degree.

3. Individuals meeting the criteria for the Senior Researcher (Class I) or Senior Engineer (Class I) positions as prescribed in Joint Circular No. 24/2014/TTLT-BKHCN-BNV may be specially appointed to the Senior Researcher (Class I) or Senior Engineer (Class I) positions without ranking examinations, not depending on years of service if they achieve one of the following scientific and technological achievements:

a) Being appointed to the Professor or Associate Professor position (without requiring the current research scientist or technical position rank);

b) Having a project that has won the Ho Chi Minh Prize, State Prize for Science and Technology, Tạ Quang Bửu Prize, Trần Đại Nghĩa Prize, Kovalevskaia Award, or international awards in science and technology as listed by the Minister of Science and Technology;

c) Leading special scientific and technological tasks or important national-level scientific and technological tasks as stipulated in Article 25 and Article 30 of Decree No. 08/2014/NĐ-CP, which have been accepted at a satisfactory level or above;

d) For special appointment to the Senior Researcher (Class I) position: Having led at least two national-level scientific and technological tasks (or leading at least one national-level scientific and technological task and three ministry-level or provincial-level scientific and technological tasks) that have been accepted at a satisfactory level or above, and participating in at least two ministry-level or provincial-level scientific and technological tasks that have been accepted at a satisfactory level or above; or being the main author or editor of at least one monograph presenting in-depth research results and solving scientific issues related to multiple fields (or two monographs presenting in-depth research results and solving scientific issues within a specific field) and being the main author of at least four scientific articles published in reputable international journals, including two articles published in reputable ISI journals.

For special appointment to the Senior Engineer (Class I) position, individuals who have been awarded a Doctorate or Doctor of Science degree and have achieved the following scientific and technological activity results: Participating in at least two national-level scientific and technological tasks (or participating in at least one national-level task and leading at least one ministry-level or provincial-level task) that have been accepted at a satisfactory level and leading at least two organizational-level scientific and technological tasks that have been accepted at a satisfactory level; or being the author of at least two patents granted exclusive rights and two utility models granted exclusive rights and applied in practice; or managing, leading, or heading at least two Class I projects or works or designs within their technical field and managing, leading, or heading at least four Class II projects or works or designs within their technical field that have been completed, put into use, and demonstrated effectiveness; or being the head or leader of the design of at least two Class I projects or works and being the head or leader of the design of at least two Class II projects or works approved by the competent authority.

Article 10. The Council for Special Appointment to Research Scientist Positions and Higher Technology Positions without Promotion Examinations Not Dependent on Years of Service

1. Authority to Establish the Council for Special Appointment:

a) The Minister, Head of a Ministry-Equivalent Agency, Government Agency, Chairman of the People's Committee of a province or centrally governed city (hereinafter referred to as the Provincial People's Committee) decides or delegates authority to the Head of a public service organization under their management to decide on establishing the Council for Special Appointment from Research Scientist Position Level IV to Level III;

b) The Minister, Head of a Ministry-Equivalent Agency, Government Agency, Chairman of the Provincial People's Committee establishes the Council for Special Appointment from Research Scientist Position Level III to Level II and the Council for Special Appointment from Research Scientist Position Level II to Level I.

2. The Council for Special Appointment consists of five or seven members, including:

a) The Chairperson of the Council is the head or deputy head of the agency or unit with the authority to make special appointments;

b) The Vice-Chairperson of the Council is the person responsible for personnel work in the agency or unit with the authority to make special appointments;

c) The Secretary of the Council is a civil servant or staff member assisting in personnel work in the agency or unit with the authority to make special appointments;

d) Other members are experts and professionals in the specific scientific and technological field of the individual proposed for special appointment to a higher rank;

đ) The following persons shall not be appointed as members of the Council for Special Appointment: parents, siblings, or relatives by marriage of the individual proposed for special appointment to a higher Research Scientist or Technology Position; spouse, children by birth or adoption, or those currently undergoing disciplinary measures or executing disciplinary decisions of the individual proposed for special appointment to a higher Research Scientist or Technology Position.

3. Duties of the Council for Special Appointment:

a) Verify the conditions and criteria stipulated in Article 9 of this Circular;

b) Secret ballot for each case, report the examination results and propose to the Head of the agency or unit with the authority to make special appointments to decide on special appointment to Research Scientist Positions and Higher Technology Positions without promotion examinations not dependent on years of service;

c) Resolve complaints and denunciations during the process of organizing special appointments to Research Scientist Positions and Higher Technology Positions without promotion examinations not dependent on years of service.

4. The Council for Special Appointment operates when at least two-thirds of its total membership is present, making decisions based on majority rule; in case of a tie vote, the decision follows the opinion of the Chairperson of the Council.

5. The Council for Special Appointment dissolves itself after completing its tasks.

Chapter IV
PROMOTION OF LEADING SCIENTISTS

Article 11. Fields of science and technology to be considered for selecting leading scientists

1. The fields of science and technology to be considered for selecting leading scientists shall be determined according to Class 2 of the Classification Table of Research Fields in Science and Technology issued together with Decision No. 12/2008/QĐ-BKHCN dated September 4, 2008 of the Minister of Science and Technology.

2. Determining the fields of science and technology to be considered for selecting leading scientists must ensure consistency with the strategy for the development of science and technology at each specific stage.

Article 12. Proposal on the orientation for developing specialized scientific fields

1. The proposal on the orientation for developing specialized scientific fields must clearly state:

a) The name of the proposal;

b) Basis for the proposal;

c) Urgency; importance to be implemented at the national level; impact and influence on the economic and social life of the country;

d) Novelty:

- Proposing new research directions;

- Solving a scientific and technological issue of the country;

- Proposing pioneering solutions to implement new research ideas or transfer research results and technological developments that bring valuable scientific and technological products to society;

đ) Objectives of the proposal;

e) Requirements for main results and indicators to be achieved (consistent with each implementation target of the proposal);

g) Main contents to achieve the results; planning scientific and technological tasks to be implemented to realize the proposal;

h) Detailed implementation plan of the proposal (including plans to mobilize resources for implementing the proposal);

i) Estimated financial needs linked to the detailed implementation plan of the proposal.

2. Scientific and technological tasks under the proposal on the orientation for developing specialized scientific fields must meet the requirements stipulated by the Ministry of Science and Technology for each type of task. The determination, approval of the leading organization, principal investigator, funding, and method and time frame for implementing scientific and technological tasks under the proposal on the orientation for developing specialized scientific fields shall be carried out according to current regulations for directly assigned scientific and technological tasks.

Article 13. Appraisal Board for evaluating application files for selecting leading scientists

1. The head of the scientific and technological organization where the scientist works shall establish an Appraisal Board to review and appraise the application file of individuals belonging to public scientific and technological organizations.

The Vietnam Union of Science and Technology Associations shall establish an Appraisal Board to review and appraise the application file of individuals engaged in scientific and technological activities not belonging to public scientific and technological organizations.

2. Members of the Appraisal Board

a) The Appraisal Board consists of seven or nine members;

b) The Appraisal Board at scientific and technological organizations shall be chaired by the head of the scientific and technological organization, with members including representatives from the leadership of the scientific and technological organization, the management department of the scientific and technological organization, and at least 50% of the board members are experts and scientists with experience in the relevant field of the scientist being evaluated as a leading scientist;

In cases where the individual participating in the selection of leading scientists is the head of a scientific and technological organization, the Appraisal Board shall be established by the leadership of the ministry, agency equivalent to a ministry, government agency, provincial People's Committee, which is the managing authority of the scientific and technological organization where the scientist works. The chairman of the Appraisal Board in this case is the head of the unit/department managing scientific and technological affairs of the managing authority of the scientific and technological organization, with one member兼任秘书处代表的书记员。c) 在越南科学技术协会设立的评估委员会由一名越南科学技术协会领导担任主席；委员会成员包括各专业学会的代表和在相关领域具有经验的专家、科学家，他们将参与评选为带头人的科学家；设有一名兼任越南科学技术协会组织干部部门负责人的书记员。

3. 任务：评估委员会

a) 检查申请文件，评估候选人的条件和标准；

b) 评价提案的科学性、可行性和预测效果及结果；

c) 向候选人所在单位的负责人报告评估结果，建议主管部门向科学技术部提出对获得至少三分之二委员选择的候选人的审查和选择。如果参与评选带头人的个人是科学技术组织的负责人，则评估委员会应向科学技术组织的主管部门报告，建议科学技术部进行审查和选择。

越南科学技术协会设立的评估委员会向越南科学技术协会主席报告评估结果，建议科学技术部对获得至少三分之二委员选择的候选人进行审查和选择。

d) 处理评估过程中出现的申诉和举报。

4. 不得安排以下人员作为评估委员会成员：参与评选带头人的科学家的父母、兄弟姐妹或配偶的直系亲属；参与评选带头人的科学家的配偶、子女或养子养女；正在接受纪律处分或执行纪律决定的人。

5. 评估委员会在三分之二以上成员出席的情况下工作，按照集体原则，多数决定；表决相同时，按主席的意见执行。

5. The Appraisal Council shall make decisions by majority vote when at least two-thirds of its total members are present, following the principle of collective deliberation; in case of a tie vote, the decision shall be made according to the opinion of the Chairman of the Council.

The Appraisal Board shall dissolve itself upon completion of its tasks.

6. The forms for convening the Appraisal Board are specified in the Appendix attached to this Circular.

Article 14. Scientific Council for Selecting Leading Scientists

The Ministry of Science and Technology establishes a Scientific Council for Selecting Leading Scientists to evaluate and propose the selection of leading scientists based on submitted files and according to the development plan for the specialized scientific field.

1. Members of the Scientific Council for Selecting Leading Scientists

The Scientific Council for Selecting Leading Scientists consists of eleven members, with one Deputy Minister of the Ministry of Science and Technology serving as the Chairman of the Council, and the Vice-Chairman being a representative from the leadership of the scientific and technological organization where the candidate works (if applicable). At least fifty percent of the Council members must be experts and scientists in the relevant field of specialization; other members include representatives from the leadership of the scientific and technological organization where the candidate works, representatives from the Department of Planning and Finance, the Department of Organization and Cadres of the Ministry of Science and Technology, and representatives from the Vietnam Association for Science and Technology. The Council elects one of its members to serve as Secretary.

2. Tasks of the Scientific Council for Selecting Leading Scientists:

a) Review the results of the evaluation and appraisal conducted by the Appraisal Board at the organizational level.

c) 向候选人所在单位的负责人报告评估结果，建议主管部门向科学技术部提出对获得至少三分之二委员选择的候选人的审查和选择。如果参与评选带头人的个人是科学技术组织的负责人，则评估委员会应向科学技术组织的主管部门报告，建议科学技术部进行审查和选择。

c) Report the results of the appraisal to the Minister of Science and Technology for recognition of the selection results and decision on the application of preferential policies for leading scientists selected by at least two-thirds of the Council members.

d) Resolve complaints and denunciations during the process of selecting leading scientists.

3. The following individuals shall not be appointed as members of the Scientific Council for Selecting Leading Scientists: parents, siblings, or spouses of the scientists participating in the selection process as leading scientists; spouses, children, or adopted children of the scientists participating in the selection process as leading scientists; or individuals currently under disciplinary action or serving a disciplinary decision.

4. The Scientific Council for Selecting Leading Scientists shall operate when at least two-thirds of the total number of members are present, adhering to the principle of collective decision-making by majority vote; in case of a tie, the decision will follow the voting opinion of the Chairman of the Council.

The Scientific Council for Selecting Leading Scientists shall dissolve itself upon completion of its tasks.

5. The forms for convening the Scientific Council for Selecting Leading Scientists are specified in the Appendix attached to this Circular.

Article 15. Suspension of Preferential Policies and Repayment of Funds for Non-Recognized Leading Scientists

1. Based on the proposal of the Minister, the head of a ministry equivalent to a minister, a government agency, the provincial People's Committee (as the managing agency of the scientific and technological organization where the leading scientist works), or the Vietnam Association for Science and Technology (for leading scientists not belonging to public scientific and technological organizations), regarding the suspension of preferential policies for leading scientists, the Minister of Science and Technology decides to establish an Advisory Council to review and decide.

2. The Advisory Council:

a) Composition and working principles of the Advisory Council are regulated in Clause 1, Clause 3, and Clause 4 of Article 14 of this Circular;

b) Tasks of the Advisory Council:

- Examine the suspension of preferential policies for leading scientists as stipulated in Clause 2 of Article 20 of Decree No. 40/2014/NĐ-CP;

- Report the results to the Minister of Science and Technology to decide on the suspension of preferential policies for leading scientists for individuals supported by at least two-thirds of the Council members who have opinions on suspending such policies;

- Resolve complaints and denunciations during the examination process of suspending preferential policies for leading scientists.

3. Based on the conclusions of the Advisory Council, the Minister of Science and Technology decides to suspend preferential policies for leading scientists; notify the results to the Minister, the head of a ministry equivalent to a minister, a government agency, the provincial People's Committee (as the managing agency of the scientific and technological organization where the leading scientist works), or the Vietnam Association for Science and Technology (for leading scientists not belonging to public scientific and technological organizations).

4. For non-recognized leading scientists, the suspension of preferential policies and repayment of funds shall be carried out as follows:

a) From the date the decision to suspend preferential policies for leading scientists takes effect, the scientist will no longer enjoy the preferential policies prescribed in Article 18 of Decree No. 40/2014/NĐ-CP.

b) Within sixty days from the date the decision to suspend preferential policies for leading scientists takes effect, the scientist must repay state budget funds for preferential benefits that have been granted but not yet utilized, as stipulated in Article 18 of Decree No. 40/2014/NĐ-CP.

Chapter V
IMPLEMENTATION

Article 16. Responsibility for Implementation

1. Annually, public institutions engaged in science and technology activities shall review and assess the performance of individuals in science and technology activities to apply or propose competent authorities to apply preferential policies for the utilization and promotion of individuals engaged in science and technology activities.

2. Ministries, agencies equivalent to ministries, government agencies, provincial People's Committees shall guide and direct public institutions engaged in science and technology activities to implement preferential policies for the utilization and promotion of individuals engaged in science and technology activities based on the provisions of this Circular. Annually, they shall report the implementation results of preferential policies for the utilization and promotion of individuals engaged in science and technology activities according to Circular No. 13/2021/TT-BKHCN dated December 30, 2021, issued by the Minister of Science and Technology, which stipulates the periodic reporting system within the scope of management by the Ministry of Science and Technology.

Article 17. Effective Date

1. This Circular takes effect from July 7, 2023.

2. REVOKE PART OF THE JOINT CIRCULAR NO. 21/2015/TTLT-BKHCN-BNV-BTC DATED NOVEMBER 6, 2015 ISSUED BY THE MINISTERS OF THE MINISTRY OF SCIENCE AND TECHNOLOGY, THE MINISTRY OF HOME AFFAIRS, AND THE MINISTRY OF FINANCE GUIDING THE IMPLEMENTATION OF POLICIES FOR THE USE AND PROMOTION OF PERSONNEL ENGAGED IN SCIENCE AND TECHNOLOGY, SPECIFICALLY AS FOLLOWS:

a) ARTICLE 4 ON ACHIEVEMENTS IN SCIENCE AND TECHNOLOGY FOR CONSIDERATION IN APPLYING POLICIES FOR USE AND PROMOTION;

b) ARTICLES 5, 6, 7, 8, 9, 10, 12, 13, 14, AND 15 OF CHAPTER II ON INCENTIVE POLICIES IN THE USE OF PERSONNEL ENGAGED IN SCIENCE AND TECHNOLOGY;

c) ARTICLES 17, 18, 19, 20, 21, 22, AND 24 OF CHAPTER III ON PROMOTION OF LEADING SCIENTISTS.

3. IN CASE THE LEGAL DOCUMENTS REFERRED TO IN THIS CIRCULAR ARE AMENDED, COMPLEMENTED, OR REPLACED BY NEW LEGAL DOCUMENTS, THE NEW DOCUMENTS SHALL BE APPLIED.

4. IF ANY DIFFICULTIES OR OBSTACLES OCCUR DURING IMPLEMENTATION, THEY SHOULD BE REPORTED TO THE MINISTRY OF SCIENCE AND TECHNOLOGY FOR COMBINATION AND CONSIDERATION AND RESOLUTION./.